- ON Feb 07, 2019
- BY Anthony Ison
- IN Pilot Law
What should your FAA DUI attorney tell you about DUI convictions? The first thing your FAA DUI attorney should tell you is that whether you are convicted of a DUI may not matter when it comes to obtaining your FAA medical certificate. More specifically, if you are arrested for DUI, but later convicted of a lesser offense, the FAA is still going to consider the incident aeromedically significant. For instance, your FAA DUI attorney should tell you that a plea to “reckless driving” following a DUI arrest will still likely result in a deferred medical application (depending on some variables) and an inquiry by the FAA as to your eligibility to hold an airman medical certificate.
Your FAA DUI attorney should tell you that the FAA’s medical certification application asks at question 18v. whether you have been arrested and/or convicted for an incident involving driving while intoxicated, while impaired by, or while under the influence of alcohol or a drug. This means that even if you are arrested for DUI, but later convicted of a “lesser offense,” you still have to indicate “yes” on question 18v. and provide the details of the offense in the explanation box. In essence, adjudication is not as important to the FAA as the event itself and what was documented from a medical perspective by the arresting officer(s) and those who may have conducted alcohol and drug screenings. In that, the FAA’s emphasis is on whether the incident was an example of use of a substance in a situation that was physically hazardous. Beyond that, the FAA utilizes any alcohol or drug testing results to ascertain whether you have a medically disqualifying “substance abuse” or “substance dependence,” as those conditions are described in 14 CFR Part 67.
If you have been arrested for a DUI, you should consult with a FAA DUI attorney immediately. Getting your charge of DUI reduced to “reckless driving” or some other “lesser offense,” does not necessarily reduce your liability with the FAA. Call a FAA DUI attorney at The Ison Law Firm today to discuss your reporting requirements and reestablishing your eligibility for airman medical certification. Your FAA DUI attorney at The Ison Law Firm is standing by to vector you through legal turbulence.
- ON Feb 03, 2019
- BY Anthony Ison
- IN Pilot Law
Failure to report a DUI to the FAA comes with some pretty serious repercussions. Generally, when you’ve been arrested for DUI, you potentially have two (and in some cases, three) reporting requirements to the FAA. The first reporting requirement occurs on your airman medical application – if you’ve been arrested for DUI, you must report that arrest under question 18v. The second reporting requirement occurs within 60 days of an action against your driver’s license as a result of an alcohol-related motor vehicle action and/or within 60 days of a conviction (this is the potential third reporting requirement). Notice, this is potentially three different reports you must make to the FAA, as most times, convictions occur more than 60 days after the first reportable action against your driver’s license.
First, the bad news: failure to report a DUI arrest (note that unlike 14 CFR §61.15, you must report an arrest, even if you weren’t ultimately convicted of a DUI) on your airman medical application can result in revocation of all of your certificates. You read that correctly…the FAA can (and will) revoke your pilot’s license and medical certificate for intentional falsification, if they find a lie or omission on your medical application. Furthermore, if you fail to report a reportable action under 14 CFR §61.15, the FAA can and will suspend your pilot’s license.
Now, the good news: if you are just now realizing that you failed to report your DUI to the FAA and the FAA has not contacted you about your failure to report the DUI, you may have an opportunity to correct the issue. What’s this mean? Essentially, you can correct these issues, if you are proactive in doing so. It is important to keep in mind that anything you say or do in correcting your failure to report a DUI to the FAA can be used against you. Additionally, reporting a DUI could potentially cause the FAA to launch an inquiry as to your eligibility to hold an airman medical certificate. So, it is always good idea that you consult with competent FAA defense counsel prior to correcting your reporting errors to the FAA.
If you are concerned about a failure to report a DUI to the FAA, call your FAA defense attorney at The Ison Law Firm. The Pilot Lawyer is standing by to vector you through legal turbulence.